A few questions...

[Sunshine1]

Can you give me some wording for the following:

BF and I have a child with a genetic syndrome.  I have recently been given new medical advice and research, from the world's leading doctor that studies this syndrome that would suggest that there is a new test that can be done on the parents and the child to see if the chromosomes have extra genetic material on them, translocated or there could be nothing at all.  All testing for our child and us was done 8 years ago, they have come along way since then.

We have a new order that states that SM is not allowed to be alone with the children whatsoever.  She regularly calls and harrasses me, medical providers, she is cancelling our son's appointments, so they do not have to pay for them, the list goes on.

1. Can you give me some wording for an order that BF shall cooperate in all genetic testing of our son and himself?

2. Is there such a thing as a permanent restraining order?

3. Could I word the order in a way, that SM shall be permanently not allowed to call my home, teachers, doctors etc??

4. Or should I just file an actual harrassment restraining order?

[socrateaser]

>1. Can you give me some wording for an order that BF shall
>cooperate in all genetic testing of our son and himself?

I think that a stalking complaint against the step parent is probaby the more efficient route.

>
>2. Is there such a thing as a permanent restraining order?

Yes, "permanent injunction" is the the legal term. But, I doubt that it's necessary.

>
>3. Could I word the order in a way, that SM shall be
>permanently not allowed to call my home, teachers, doctors
>etc??

See above. I don't know what provisions for stalking exists in your jurisdiction, but you should investigate this first.


>
>4. Or should I just file an actual harrassment restraining
>order?
>

[Sunshine1]

>1. Can you give me some wording for an order that BF shall
>cooperate in all genetic testing of our son and himself?

I think that a stalking complaint against the step parent is probaby the more efficient route.


I don't understand number 1

[socrateaser]

>>1. Can you give me some wording for an order that BF shall
>>cooperate in all genetic testing of our son and himself?
>
>I think that a stalking complaint against the step parent is
>probaby the more efficient route.

You say that you're being constantly harrassed by the stepparent, who is not a party to the case. Unwelcome and continued harrassment by another is the crime of "stalking" in many jurisdictions. You can complain to a police officer who will issue a citation to the stepparent to stop harrassing you and if it continues then that person will be arrested.

A domestic violence temporary restraining order is a possibility, if you are afraid of the other person or you have been in an intimate relationship with her. But, your facts suggest that neither of these things are true.

You could ask for a restraining order against the other parent, but that won't stop the stepparent from continuing to annoy you, which is what I thought was the purpose of your inquiry.

If not, please elaborate.

[Sunshine1]

yes, but let's try this again....

BF and I have a child with a genetic syndrome. I have recently been given new medical advice and research, from the world's leading doctor that studies this syndrome that would suggest that there is a new test that can be done on the parents and the child to see if the chromosomes have extra genetic material on them, translocated or there could be nothing at all. All testing for our child and us was done 8 years ago, they have come along way since then.

1. 1. Can you give me some wording for an order that BF shall cooperate in all genetic testing of our son and himself?

[socrateaser]

>yes, but let's try this again....
>
>BF and I have a child with a genetic syndrome. I have recently
>been given new medical advice and research, from the world's
>leading doctor that studies this syndrome that would suggest
>that there is a new test that can be done on the parents and
>the child to see if the chromosomes have extra genetic
>material on them, translocated or there could be nothing at
>all. All testing for our child and us was done 8 years ago,
>they have come along way since then.
>
>1. 1. Can you give me some wording for an order that BF shall
>cooperate in all genetic testing of our son and himself?

You want to try to force the other parent to submit to an invasive procedure? Absent arrest on a criminal charge, that is not gonna happen, because the parent has a liberty interest in his own body that outweighs the child's right to obtain the parent's cooperation (or genetic material).

You could ask that the court vacate the parent's custodial rights until such time as he agrees to cooperate, on grounds that the parent is affirmatively harming the child's interests by refusing to cooperate.

But, that still will not get you the father's cooperation. The only way to do that is to ask.

You should find out exactly what sort of cooperation is required, because it may be no more than a strand of hair, in which case, the father should just be able to pluck one and hand it to you.

[Sunshine1]

all I need is a blood sample.

How would I word that?

[socrateaser]

>all I need is a blood sample.
>
>How would I word that?

No court in the U.S. will make such an order in a civil proceding, unless you can first demonstrate an injury caused by the parent for which the child is entitled to compensation (i.e., due to negligence or intentional actions of the parent).

As an example, in a paternity action, the court cannot order a putative father to take a DNA test, but if the person refuses, the court can resolve the matter against that person and declare them the legal father.

Similarly, in an ordinary civil action, the court can predicate a dismissal of a claim for personal injury recovery, on the plaintiff submitting to a medical or mental exam. But, the court cannot force the plaintiff to undergo the exam, just because the defendant needs it to make his/her case.

This sort of coercion is akin to involuntary servitude, and is prohibited under the 13th Amendment.

So, here your relief must be based on some lawful method of coercion, such as for the court to restrict the parent's custody rights, on grounds that the failure to permit a blood test is an affirmative act against the child's interests, demonstrating a substantial change in circumstances.

That way, the parent can regain custody rights by accomodating the child's needs for the blood test.

But, even here, I think you are likely skating on very thin ice.

Sorry.